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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13651
Experience:  Experienced in multiple areas of the law.
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I am going to a negotiation conference in a couple of

Customer Question

I am going to a negotiation conference in a couple of weeks&I have health insurance on my kids&was ordered several years ago that I have visitation rights to see them every other weekend and she failed to follow that order and I haven't seen them in five years and whenever she called I gave her money and asked her when will she bring my kids or offer to pick them up,or meet up halfway,she says this weekend and when the weekend comes up,she want answer or shows up&I am left disappointed every time.
JA: OK. The Family Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?
Customer: Laurens,South Carolina
JA: Have you consulted a lawyer yet?
Customer: I have tried,but he told me to level it out with her,because I couldn't afford his fees
JA: Is there anything else the Family Lawyer should be aware of?
Customer: It has been almost six since I seen my kids&it started soon as I got married to my wife
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to assisting you today.

I do need some more information from you first, please. This is an information request, not my answer. Can you please tell me:

1) What is the mediation conference for?
2) What specifically is your legal question about? What is it that you want to know or accomplish?

Customer: replied 1 year ago.
Child support and health insurance. I want to know what can I do to be able to see my kids.
Customer: replied 1 year ago.
I have health insurance on them every since they were born&every time she had child support on me she dropped it&we used to get back together afterwards,but since I no longer involved with her anymore,she refuses to let me see my kids. Can I do anything about that?
Expert:  RobertJDFL replied 1 year ago.

Thank you for your reply.

Your ex is in violation of the court order granting you visitation with your children. You must file a Rule to Show Cause (“RTSC”) and serve it on the other party. A RTSC is basically a contempt action. You're seeking to have her sanctioned for violating the terms of the order that grants you visitation rights.

At the RTSC hearing, the filing party presents their evidence as to the other person’s alleged violation of the order. For example, if you have emails or letters from her talking about not letting you see the children or communications about how she had promised to bring the children and then didn't, those could be used as proof. The responding party (the mother) is also allowed to present evidence to show why they should not be held in contempt. The responding party may try to show that they did not do the things they are accused of, that the filing party’s interpretation of the order is incorrect, that the responding party was unable to do the things required, or some other reason to avoid contempt.

If the judge finds in your favor they can order a variety of sanctions - make up visitation time (commonly), but they can actually order that the other party pay your attorney fees if you used a lawyer, and in repeated violations (if you had brought this RTSC numerous times), a court could even jail a person, and in extremely rare situations, order custody be changed.

You need to prepare this affidavit and submit it with a copy of the original order to the court. The court will then issue a RTSC notice to the respondent with a date/time for a hearing. While I would STRONGLY encourage you to speak with a family law attorney about handling this for you, if you have to go it alone, I would prepare the affidavit (you can find the docket number off one of your other case forms) and contact the Clerk of Court about what to do next, whether there is a filing fee, etc.

If you need clarification or additional information, please REPLY and I'm happy to assist further. Otherwise, kindly remember to click on the stars to leave me a positive rating, as that is the only way experts are paid for their time and information. Thank you!